Elon Musk’s X Sues Indian Government Over “Unlawful Censorship”

The social media giant challenges the Centre’s interpretation of the IT Act, alleging arbitrary content regulation and violations of free speech rights.

March 20, 2025: In a significant legal move, Elon Musk-owned X (formerly Twitter) has filed a lawsuit against the Indian government in the Karnataka High Court, contesting what it calls “unlawful content regulation” and “arbitrary censorship.” The petition challenges the government’s interpretation of the Information Technology (IT) Act, particularly its use of Section 79(3)(b), which the platform claims undermines Supreme Court rulings and free expression online.

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Key Allegations by X

• The Indian government is allegedly using Section 79(3)(b) as a tool for censorship, bypassing the structured legal process outlined under Section 69A of the IT Act.
• This practice contradicts the 2015 Supreme Court ruling in the Shreya Singhal case, which established that content removal must follow a proper judicial or legally defined process.
• Authorities are accused of forcing platforms to remove content without due process, violating free speech rights.
• X has refused to onboard an employee onto the government’s Sahyog portal, calling it a “censorship tool” that pressures social media platforms to comply with takedown requests without legal scrutiny.

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Centre’s Justification

The Ministry of Information and Broadcasting (I&B) has defended its actions, arguing that Section 79(3)(b) mandates online platforms to remove illegal content when directed by a court order or government notification. Failure to comply within 36 hours can result in platforms losing safe harbor protection under Section 79(1), potentially making them liable under the Indian Penal Code (IPC).

Why X Opposes This Interpretation

• X contends that Section 79(3)(b) does not grant the government independent authority to block content. Instead, it should be used only in conjunction with a structured review process under Section 69A.
• The company argues that the government is misusing this provision to block content arbitrarily without following established safeguards.
• The lawsuit calls the Sahyog portal, created under the Indian Cyber Crime Coordination Centre (I4C), an attempt to control online discourse without judicial oversight.

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What’s Next?

This legal battle could have major implications for digital free speech in India, setting a precedent for how tech companies challenge government regulations. If the court rules in favor of X, it may lead to stricter enforcement of legal safeguards before online content is removed in India.

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Tags:

Elon Musk, X vs Indian Government, IT Act Controversy, Online Censorship, Karnataka High Court, Section 79(3)(b), Free Speech in India, Digital Rights, Social Media Regulation